S.I. No. 163/1958 - Restrictive Trade Practices (Groceries) Order, 1956 (Amendment) Order, 1958.

S.I. No. 163 of 1958.

RESTRICTIVE TRADE PRACTICES (GROCERIES) ORDER, 1956 (AMENDMENT) ORDER, 1958.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the power conferred on me by subsection (2) of section 9 of the Restrictive Trade Practices Act, 1953 (No. 14 of 1953), hereby order as follows :—

1. This Order may be cited as the Restrictive Trade Practices (Groceries) Order, 1956 (Amendment) Order, 1958.

2. In this Order " the Principal Order " means the Restrictive Trade Practices (Groceries) Order, 1956 ( S.I. No. 332 of 1956 ).

3. (1) Notwithstanding Article 13 of the Principal Order, where a retailer resells or offers for resale goods to which that Order applies and to which a supplier's brand is affixed at or below a wholesale price notified by that supplier to retailers under Article 8 of that Order, a trade association may inform that supplier of such reselling or offering for resale.

(2) Notwithstanding Article 13 of the Principal Order, where, in relation to goods to which that Order applies and to which a supplier's brand is affixed, a retailer advertises or displays that supplier's indicated or recommended retail price in close conjunction with that retailer's own price for such goods, a trade association may inform that supplier of such advertising or displaying.

4. The Principal Order is hereby amended by the substitution for Article 14 of the following Article :

" Imposition by supplier of terms and conditions for acceptance of orders.

14. (1) (a) Subject to the provisions of this Order, a supplier may divide wholesalers or retailers into separate classes for the purpose of applying, in relation to the acceptance of orders for goods to which this Order applies, different terms and conditions to each class provided that the division is fair and that, within each class, the relevantterms and conditions are applied without unfair discrimination to all persons purchasing or intending to purchase such goods from that supplier.

(b) Subject to the provisions of this Order, a wholesaler may divide retailers into separate classes for the purpose of applying, in relation to the acceptance of orders for goods to which this Order applies, different terms and conditions to each class provided that the division is fair and that within each class, the relevant terms and conditions are applied without unfair discrimination to all retailers purchasing or intending to purchase such goods from that wholesaler.

(c) No trade association shall make any such division of wholesalers or retailers as is referred to in this paragraph.

(d) Nothing in this Order shall be construed as prohibiting a combination of wholesalers (not being a trade association) from making any such division of retailers as is referred to in subparagraph (b) of this paragraph.

(2) A manufacturer of goods to which this Order applies may incorporate in the terms and conditions applied by him to a class of wholesalers or retailers all or a portion of a schedule of rates of discount prepared by a trade association of such manufacturers of which he is a member (which preparation shall be deemed not to be a contravention of this Order) and he may take into account, for the purpose of according trade terms to a wholesaler or retailer, purchases made by that wholesaler or retailer from any other member of that trade association, but suchan association shall not coerce such a manufacturer into adopting any schedule of rates of discount prepared by them.

(3) A supplier shall, upon the request of any person engaged in or proposing to engage in trade in goods to which this Order applies, as a wholesaler or a retailer, and a wholesaler or combination of wholesalers shall, upon the request of any person engaged in or proposing to engage in such trade as a retailer, make available to such person a statement of the relevant terms and conditions in operation.

(4) The Commission may on their own initiative or following a complaint made to them require—

(a) a supplier to lodge with them the terms and conditions referred to in paragraph (1) of this Article applied by him to any wholesaler or retailer or to any class of wholesalers or retailers,

(b) a wholesaler or combination of wholesalers to lodge with them any such terms and conditions applied by such wholesaler or combination of wholesalers to any retailer or to any class of retailers,

(c) a trade association of manufacturers to lodge with them any schedules of rates of discounts which have been prepared by them,

and the supplier, wholesaler, combination of wholesalers or trade association, as the case may be, shall comply with such requirement.

(5) If, after investigation, the Commission are of opinion that—

(a) the relative status for the purpose of the application of the terms and conditions referred to in paragraph (1) of this Article accorded by asupplier or a wholesaler or combination of wholesalers to any wholesaler or retailer or to any class of wholesalers or retailers, or

(b) a schedule of rates of discount prepared by a trade association of manufacturers

is unfair, the Commission shall so inform the supplier or the wholesaler or combination of wholesalers or the trade association, as the case may be, and the supplier, wholesaler, combination of wholesalers or trade association, as the case may be, shall make whatever alterations may be required by the Commission."

5. The Principal Order is hereby amended by the substitution for Article 17 of the following Article :

" Prohibition of lists designed to boycott, etc. any person.

17. No person or combination of persons shall prepare, maintain, publish or issue any lists, or do any other act, designed—

(a) to secure a boycott of any person in relation to goods to which this Order applies because—

(i) if such person is a supplier or a wholesaler, of the prices charged by him for such goods or the other terms or conditions on which such goods are supplied by him, or

(ii) if such person is a retailer, of the prices charged by him ; or

(b) to affect adversely the terms of supply of such goods to any person because that person has refused to do any act which he is prohibited from doing by this Order."

6. Article 15 of the Principal Order is hereby revoked.

GIVEN under my Official Seal, this 26th day of July, 1958.

SEÁN F. LEMASS.

Minister for Industry and Commerce.

EXPLANATORY NOTE.

This Order amends in certain respects the Restrictive Trade Practices (Groceries) Order, 1956, which prohibits resale price maintenance and other restrictive trade practices in relation to the supply and distribution of grocery goods and provisions. The original Order and this Amending Order require to be confirmed by an Act of the Oireachtas before they will have the force of law.